- In these appeals(2) from convictions for breaches of section 15B of the Australian Industries Preservation Acts 1906-1907, for refusing to answer questions as to the al-leged existence of contracts or combinations in restraint of trade (section 4 among the States, and 5 within the Commonwealth) and attempts to monopolize trade (section 7) among the States and (section 8) within the Commonwealth, the High Court, on 7 June-
Legal Opinions
Opinion Number. 348
Subject
| Date
DISTRIBUTION OF POWERS BETWEEN COMMONWEALTH AND STATES
CORPORATIONS . RESTRAINT OF TRADE AND MONOPOLIES : INDUSTRIAL MATTERS: CONCILIATION AND ARBITRATION : INTER-STATE COMMISSION
Key Legislation
CONSTITUTION, ss. 51 (i), (xx). (xxxvii), 92, 101, 128 : ACTS INTERPRETATION ACT 1901, s. 22 : COMMONWEALTH CONCILIATION AND ARBITRATION ACT 1904, ss. 4, 38 : AUSTRALIAN INDUSTRIES PRESERVATION ACTS 1906-1907, ss. 4, 5, 7. 8. 15B
Opinion Number. 349
Subject
| Date
ELECTORAL DISTRIBUTION
COMMUNITY OR DIVERSITY OF INTEREST : PRINCIPLES FOR DELINEATING DIVISIONS AND SUBDIVISIONS
Key Legislation
COMMONWEALTH ELECTORAL ACTS 1902-1906. ss. 12. 15. 16
The following questions have been referred to me for advice:
Opinion Number. 350
Subject
| Date
TRADE MARKS
CRITERIA FOR EXERCISE OF REGISTRARS DISCRETION : WHETHER USE OF WORD AS SURNAME PREVENTS REGISTRATION AS NON-DESCRIPTIVE WORD
Key Legislation
TRADE MARKS ACT 1905, ss. 16, 47
Mr Clem A. Hack a patent attorney acting on behalf of a principal made application to the Registrar of Trade Marks to register as a trade mark the word 'Derry' in combination with the device of a shamrock.
The application was examined and accepted.
Objection was taken to the use of the shamrock and the applicant amended his application confining it to the word 'Derry'. The application was again examined and gazetted.
Opinion Number. 351
Subject
| Date
NATURALIZATION
EFFECT OF GRANT IN ANOTHER PART OF KING'S DOMINIONS
Key Legislation
The Prime Minister:
Mr A.B.CD., an alien by birth, who has been naturalized in New Zealand and has recently come to the Commonwealth, has made application to be renaturalized in the Commonwealth.
Opinion Number. 352
Subject
| Date
NATURALIZATION
PROPOSED IMPERIAL SCHEME : POSITION OF STATE GOVERNORS VIS-A-VIS GOVERNOR-GENERAL : DISABILITIES OF NATURALIZED BRITISH SUBJECTS IN AUSTRALIA
Key Legislation
CONSTITUTION, ss. 16. 34 : INVALID AND OLD-AGE PENSIONS ACT 1908. s. 16
The Prime Minister forwards to me the draft Aliens and Naturalization Bill (Imperial)(1) as amended by the Inter-departmental Committee after discussion by the Colonial Conference, and asks me to consider it and propose any alterations thought to be desirable.
Opinion Number. 353
Subject
| Date
INSURANCE
WHETHER COMMONWEALTH HAS POWER TO REQUIRE FOREIGN INSURANCE COMPANIES TO GIVE SECURITY IN AUSTRALIA
Key Legislation
CONSTITUTION, s. 51 (xiv)
Mr Dugald Thomson(1) has written to the Prime Minister forwarding a statement from Bowden Bros & Company Limited in relation to a case between that company and the Imperial Marine Insurance Co. of Tokio, Japan.
Opinion Number. 354
Subject
| Date
FREEDOM OF INTERSTATE TRADE : DISABILITY OR DISCRIMINATION
CONSEQUENCES OF REQUIREMENT BY STATE THAT GUARANTOR OF PURITY OF GOODS BE RESIDENT IN THAT STATE
Key Legislation
CONSTITUTION, ss.92. 117 : PURE FOOD ACT 1908 (N.S.W.). s.47 : PURE FOOD ACT 1905 (VIC), s. 33 : THE FOOD AND DRUGS ACT 1908 (S.A.). s. 58 : SALE OF FOOD AND DRUGS ACT 1899 (IMP.), s. 20
H. H. Warner & Co. Ltd have written to the Prime Minister calling his attention to certain provisions of the N.S.W. Pure Food Act 1908, which they contend violate sec-tions 92 and 117 of the Constitution.
The Prime Minister asks to be advised on the questions raised.
The State Act mentioned forbids the sale of any food or drug which is adulterated or falsely described, etc.
Section 47 provides that any person prosecuted for such sale shall be entitled to be discharged on proving-
Opinion Number. 355
Subject
| Date
CUST0MS
WHETHER STATE HARBOUR REGULATIONS APPLY TO CUSTOMS VESSELS : WHETHER CUSTOMS VESSELS MAY MOOR TO WHARVES CONTROLLED BY STATE HARBOUR TRUST : INCONSISTENCY
Key Legislation
CONSTITUTION, s. 109 : CUSTOMS ACT 1901, s. 194 : SYDNEY HARBOUR TRUST ACT 1900 (N.S.W.)
Mr Clem A. Hack a patent attorney acting on behalf of a principal made application to the Registrar of Trade Marks to register as a trade mark the word 'Derry' in combination with the device of a shamrock.
The application was examined and accepted.
Objection was taken to the use of the shamrock and the applicant amended his application confining it to the word 'Derry'. The application was again examined and gazetted.
Opinion Number. 356
Subject
| Date
HOUSE OF REPRESENTATIVES ELECTIONS
WHETHER DIVISIONAL RETURNING OFFICER WHO IS ELECTOR FOR ANOTHER DIVISION MAY VOTE IN THAT DIVISION AND ALSO EXERCISE CASTING VOTE
Key Legislation
CONSTITUTION, s. 30 : COMMONWEALTH ELECTORAL ACTS 1902-1906, ss. 164, 174 : THE ELECTORAL CODE 1896 (S.A.) : ELECTORAL ACT 1899 (W.A.)
The following questions were asked by Mr Thomas Brown in the House of Representatives:
Opinion Number. 357
Subject
| Date
EXCISE DUTY
WHETHER GOODS MAY BE DELIVERED FREE OR AT REDUCED RATES FOR MANUFACTURE IN BOND
Key Legislation
CUSTOMS ACT 1901. s. 89 : EXCISE ACT 1901. ss. 4. 24. 164
Regulation 1 of the Excise Regulations (Statutory Rules 1905 No. 65) provides as follows: